SINODENTAL INVESTMENTS LTD AND OTHERS v. SIN CHUNG YIN RONALD AND OTHERS

SINODENTAL INVESTMENTS LTD AND OTHERS v. SIN CHUNG YIN RONALD AND OTHERS

Documents sought were relevant to the plaintiffs' pleaded case in the broad sense (including conspiracy, breach of contract, restraint of trade and fiduciary duties); defendants failed to establish that confidentiality, oppression or fishing justified refusal; on balance and for fairness the court ordered specific discovery and inspection; costs ordered to follow the event.

Citation
SINODENTAL INVESTMENTS LTD AND OTHERS v. SIN CHUNG YIN RONALD AND OTHERS
Parties
1st Plaintiff: SINODENTAL INVESTMENTS LIMTED; 2nd Plaintiff: HEALTH & CARE GROUP LIMITED; 3rd Plaintiff: HEALTH & CARE DENTAL CLINIC LIMITED; 1st Defendant: SIN CHUNG YIN RONALD; 2nd Defendant: CHU KAI YU; 3rd Defendant: CHOW KAR WAH; 4th Defendant: CHU YAT LEUNG; 5th Defendant: LEE CHI WAI; 6th Defendant: TANG WING KIN, FELIX; 7th Defendant: XPERT DENTAL TRAINING INSTITUTE LIMITED; 8th Defendant: XPERT DENTAL GROUP LIMITED; 9th Defendant: XPERT DENTAL CONSULTANCY LIMITED; 10th Defendant: XPERT DENTAL SERVICES LIMITED; 11th Defendant: XPERT DENTAL SUPPLIES LIMITED; 12th Defendant: XPERT DENTAL GROUP (CWB) LIMITED; 13th Defendant: XPERT DENTAL GROUP (SKW) LIMITED; 14th Defendant: XPERT DENTAL GROUP (tp) LIMITED; 15th Defendant: XPERT DENTAL GROUP (np) LIMITED; 16th Defendant: XPERT DENTAL GROUP (yl) LIMITED; 17th Defendant: XPERT DENTAL GROUP (TW) LIMITED; 18th Defendant: XPERT INVISABLE ORTHOCENTRE (TP) LIMITED; 19th Defendant: WONG MAY KUEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2014
Case Number
HCA2176/2012
Procedural Posture
High Court Action Discovery Application (order 24 Rhc) / Interlocutory Application for Specific Discovery (chambers Decision)
Outcome
Application allowed
Legal Topics
Discovery, Specific Discovery, Restrictive Covenants, Breach of Fiduciary Duty, Conspiracy, Restraint of Trade, Confidentiality, Costs
Source Language
EN
Civil Procedure Company Law Employment Law Equity and Fiduciary Duties Contract Law Competition Law Discovery Specific Discovery +6 more

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Parties

SINODENTAL INVESTMENTS LIMTED

1st Plaintiff

HEALTH & CARE GROUP LIMITED

2nd Plaintiff

HEALTH & CARE DENTAL CLINIC LIMITED

3rd Plaintiff

SIN CHUNG YIN RONALD

1st Defendant

CHU KAI YU

2nd Defendant

CHOW KAR WAH

3rd Defendant

CHU YAT LEUNG

4th Defendant

LEE CHI WAI

5th Defendant

TANG WING KIN, FELIX

6th Defendant

XPERT DENTAL TRAINING INSTITUTE LIMITED

7th Defendant

XPERT DENTAL GROUP LIMITED

8th Defendant

XPERT DENTAL CONSULTANCY LIMITED

9th Defendant

XPERT DENTAL SERVICES LIMITED

10th Defendant

XPERT DENTAL SUPPLIES LIMITED

11th Defendant

XPERT DENTAL GROUP (CWB) LIMITED

12th Defendant

XPERT DENTAL GROUP (SKW) LIMITED

13th Defendant

XPERT DENTAL GROUP (tp) LIMITED

14th Defendant

XPERT DENTAL GROUP (np) LIMITED

15th Defendant

XPERT DENTAL GROUP (yl) LIMITED

16th Defendant

XPERT DENTAL GROUP (TW) LIMITED

17th Defendant

XPERT INVISABLE ORTHOCENTRE (TP) LIMITED

18th Defendant

WONG MAY KUEN

19th Defendant

Procedural Posture

High Court Action Discovery Application (order 24 Rhc) / Interlocutory Application for Specific Discovery (chambers Decision)

Legal Issues

  1. 1 Whether the documents (engagement agreements, bank account and signatory documents, tenancy agreements) are relevant to the pleaded causes of action including conspiracy, breach of contract, restraint of trade and fiduciary duties
  2. 2 Whether the defendants have possession or control of the documents and thus the burden to disclose shifts
  3. 3 Whether confidentiality or commercial secrecy justifies refusal of disclosure

Ratio Decidendi

Documents sought were relevant to the plaintiffs' pleaded case in the broad sense (including conspiracy, breach of contract, restraint of trade and fiduciary duties); defendants failed to establish that confidentiality, oppression or fishing justified refusal; on balance and for fairness the court ordered specific discovery and inspection; costs ordered to follow the event.

Court Disposition

Application allowed

Orders

  • Order for discovery in terms of paragraphs 1 and 2 of the plaintiffs' summons dated 2 April 2014 as amended
  • Time for defendants to make prescribed affidavits extended to 28 days from date of decision and inspection to follow within 14 days thereafter